Miscellaneous
Miscellaneous
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Cancellation of Contracts
What the legislation does
Gives the consumer the right, in certain circumstances, to cancel agreements.
See below for UK legislative cancellation rights at a glance
Contracts signed in the home. (Doorstep Selling) Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 - Contract is over £35 in value;
- Contract is signed at home or away from the business premises of the supplier;
- The visit has not been requested by customer, but has been instigated by the supplier, either by telephone canvassing or prior visit;
- It is a consumer contract. Business contracts are not covered
Consumer must be given a written notice of right to cancel. Consumer may cancel within 7 days following the making of the contract and recover any deposit paid.
The Regulations provide that:
- Traders who fail to inform consumers in writing of their right to a cooling off period will be committing a criminal offence.
- Door-to-door sellers must provide a notice setting out cancellation rights when any agreement is made. Failure to do so makes the agreement unenforceable. This is the case whether a deposit is paid or not.
How To Cancel - Cancel within the cooling off period;
- Write to the supplier or finance company telling them that you are cancelling the agreement, as you are legally entitled to do.
- Complete and return any cancellation slip provided.
- Obtain a certificate of posting.
- Keep a copy of your letter/cancellation slip.
- Keep any goods supplied safe until collected
The Regulations apply to the supply of goods or services and also cover agreements for the repair or improvements to property. [e.g. double glazing, fitted kitchen, central heating, loft insulation.
Further Information from the DTi.
Mail Order or Internet purchases The Consumer Protection (Distance Selling) Regulations 2000 give the right for the buyer to cancel the contract (within a minimum of seven days from receipt of goods).
Link to Distance selling page Energy Suppliers Complaints about cancellations of gas and electricity contracts in Great Britain can be made direct to
Energywatch Extended warranties The Supply of Extended Warranties on Domestic Electrical Goods Order 2005 ensures that the consumer is given clear notification of cancellation rights.
Further information Timeshares Timeshare Act 1992 provides rights to cancel certain timeshare agreements. Notices of cancellation rights and blank cancellation notices (the so-called invitation to cancel) must be given to all purchasers
Gives a minimum of 14 days cooling off period within which the purchaser can cancel the agreement.
Credit contracts Consumer Credit Act 1974
Withdrawal
Consumer may withdraw from the contract at any time before the agreement is signed by the other party on behalf of the lender. There is no contract until all parties have agreed. This applies whether signed at home or on business premises.
CancellationIf a credit agreement is signed at home following face to face contact with the supplier, written notice of cancellation rights must be given.
These should be written into the agreement and a copy of this agreement be given at the time it is signed.
In addition, either a second copy of the agreement signed by the finance company should be given through the post, or a separate notice of your cancellation rights should be given.
The consumer has five days from when they receive this second copy or notice to cancel the agreement
Table: UK legislative cancellation rights at a glance¹
| Subject |
Statutory
cancellation period |
Cancellation period begins |
Method of cancellation |
What is not covered2 |
Doorstep selling
|
7 days |
Day after purchase
|
In writing |
Solicited sales |
| Timeshare |
14 days |
Day after purchase
|
By notice |
Holiday clubs |
Distance selling – goods & services except financial services
|
7 working days |
On receipt of goods or from the day following purchase of the service |
In writing or a durable form |
Where the transaction includes a face-to-face element |
Distance selling – financial services including credit
|
14 days (30 days for life insurance) |
From the day following purchase of the service |
In writing or a durable form (and orally where the trader permits) |
Where the transaction includes a face-to-face element |
| Credit |
5 days |
The day after receiving the cancellation notice |
In writing |
Face-to-face transactions concluded on trade premises
|
| Extended warranties on domestic electrical goods |
45 days |
Day of purchase |
By notice orally or in writing |
Other extended warranties and domestic goods warranties that are distance sales
|
1 In all these situations, there is a requirement for the trader to provide the consumer with information about their cancellation rights. Where this is not provided, the cancellation period can be extended
2 Only the major gaps in cover, or areas of particular concern, are shown. |
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Televisions & Telecommunications Equipment
What the legislation involves
Televisions Requires television sets with an integral viewing screen of visible diagonal greater than 42cm to be fitted with at least one open interface socket permitting simple connection of peripherals including additional decoders and digital receivers (a scart connection)
Telecommunications equipment Imposes requirements concerning the conformity of certain telecommunications terminal equipment, if such equipment is to be supplied and put into service, including connection where appropriate to a public telecommunications network. The method of connection can be by wire, optical fibre, radio or any other electromagnetic means.
Applies essential requirements that must be met by apparatus.
Telephone apparatus that meets the requirements of the Regulations may be connected to appropriate interfaces of Public Telephone Networks and may be put into service.
Defines the form of CE marking that must be placed on apparatus, the information and instructions that must accompany apparatus and conditions for display of the apparatus.
Examples of equipment which are covered are mobile radio transceivers, telephones, fax machines, private exchanges (PABX), modems, terminal adapters and extension bells. Cordless and mobile 'phones are included as are satellite transceivers.
Enforcement
Requires routine inspections of premises, investigation of complaint and advice to manufacturers, importers and retail.
Test purchases and testing. Seizure and detention of suspect equipment and documentation. Serving of suspension and prohibition notices.
Inspection of product documentation.
Premises affected
Manufacturers and importers of consumer electronics. Retailers are liable to enforcement action so it is in their interests to ensure their equipment conforms with the regulations. Home improvement retailers, electrical goods retailers (and wholesalers), department stores.
The telecommunications industry. Retail (supermarkets, sales, markets and car boot sales), manufacturers and importers.
Legislation
The Advanced Television Services Regulations 2003 Telecommunications Act 1984 The Radio Equipment and Telecommunications Terminal Equipment Regs 2000
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Business Names
What the legislation does
Requires a business carried on under a name other than of its owner to display particulars of ownership on both premises and stationery.
The information of particulars of ownership is required in order that an address at which legal documents can be served is made known to anyone doing business with the trader.
Any invoices receipts etc. must also give appropriate information.
Further advice from Companies House
Enforcement
Premises must be advised of the need to display the required details. Especially important where a consumer has expressed a wish to proceed with a civil action against a business who then refuses to divulge ownership details.
Premises affected
Applies to all incorporated companies, partnerships and sole traders. Incorporated companies must also comply with the requirements of the Companies Acts.
Legislation
Business Names Act 1985
Company and Business Names Regulations 1981
Companies Act 1985
Green legislation
What the legislation doesWide ranging legislation, mainly from European directives, all concerned with ‘green’ environmental issues – energy conservation, pollution and waste.
- Controls maximum permitted levels of certain harmful pollutants, such as sulphur and lead in motor fuels.
- Controls harmful pollutants in anti-fouling paints.
- Regulates pesticides and substances, preparations and organisms prepared or used for the control of pests or for protection against pests; and for connected purposes.
- Bans creosotes in products.
- Requires certain energy-consuming appliances, such as heaters, cookers and refrigerators, to carry type approval markings, indicating that the appliance meets certain approved standards and showing such details as the rate at which it consumes energy. (supplied by manufacturer)
- Limits the sale of exhaust systems and silencers for motorcycles to those which will not result in the emission of excessive noise.
- Regulations requiring CO2 emission and fuel consumption figures for motor vehicles to be made available to the consumer. Similar regulations apply for non-road mobile machinery.
- Requires packaging to be minimal, have low levels of noxious or hazardous substances (when treated as waste) and not to contain excess levels of heavy metals. The packaging is also required to be recoverable in a manner prescribed
Enforcement Requires regular visits to various premises to ensure compliance. Advice to manufacturers and importers on wide range of subjects. Complaints to be investigated and in some instances samples to be taken or test purchases undertaken.
Premises affected
Car dealers, motorcycle dealers, sellers of industrial machinery, filling stations, electrical retailers, garden supplies, retailers, supermarkets, boating supplies, manufacturers, packers and importers, markets, car boot sales, ironmongers. Legislation
Clean Air Act 1993
Control of Pollution Act 1974
Energy Conservation Act 1981
Food and Environment Protection Act 1985
Environment Protection Act 1985
Control of Pesticides Regulations 1986
Creosote (Prohibition on Use and Marketing) Regulations 2003
Packaging (Essential Requirements) Regulations 2003
Passenger Car (Fuel Consumption and CO2 Emissions Information) Regs 2001 Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999
Energy Information (Household Air Conditioners) (No. 2) Regulations 2005 Energy Information (Household Electric Ovens) Regulations 2003
Energy Information (Combined Washer drier) Regulations 1997
Energy Information (Dishwashers) Regulations 1999
Energy Information (Lamps) Regulations 1999
Energy Information (Refrigerators & Freezers) Regulations 1997
Energy Information (Tumble Driers) Regulations 1996
Energy Information (Washing Machines) Regulations 1996
Energy Information and Energy Efficiency (Amendment) Regulations
Energy Efficiency (Ballasts for Fluorescent Lighting) Regulations 2001
Energy Information (Household Air Conditioners) Regulations 2003
Energy Information (Household Electric Ovens) Regulations 2003
Energy Information (Household Refrigerators and Freezers) Regs 2004
Motor Cycle Noise Act 1987
Motor Cycle Silencer and Exhaust Systems Regulations 1995
Detergents Regulations 2005 |
